Priyesh Bheda v. Vijaya Nadar Alias Vijayalaxmi Nadar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO. 82 OF 2015 Priyesh Bheda ..

Applicant

Versus

Vijaya Nadar @ Vijayalaxmi Nadar & Ors...

Respondents Priyesh Bheda - the applicant-in-person present. Mr. Ajay Patil, APP for the respondent CORAM:-M.L. TAHALIYANI,J.

DATED : -04/02/2015 P.C.

Heard the applicant-in-person and learned APP for the respondent-State.

Respondents No. 1 and 2 are not necessary parties as the only prayer of the applicant is for expeditious hearing of the case pending in the Court of Metropolitan Magistrate 35th Court, CST, Mumbai.

The applicant is the complainant in the said case and charges against the accused are for the offfences 1/3

punishable u/s. 323, 504 and 506 Part-II of IPC. The FIR is dated 15/11/2007 and charge-sheet, it appears, was filed in the year 2009. As such more than seven years have passed from the date of FIR and more than five years have passed from the date of filing of the charge-sheet. It is really strange that such a case involving only two witnesses is being prolonged unnecessarily. At this stage, it is stated by the applicant that his private complaint has been merged with the State case No. 11/PS/2009. As such both the cases are to be heard together as a police case.

In view of what has been stated by me herein above, needless to say that the hearing of the case needs to be expedited.

The learned Metropolitan Magistrate 35th Court, CST, Mumbai, is directed to hear the case No. 11/PS/2009 expeditiously and shall as far as possible hear the same from 9th of February 2015, on day to day basis. In any event the case 2/3

shall be concluded by the ends of February, 2015. The application stands disposed.

(JUDGE) md.saleem 3/3